To Take Certain Actions Under the African Growth and Opportunity Act with Respect to the Republic of the Gambia and the Democratic Republic of Congo

By the President of the United States of America
A Proclamation

1. Section 506A(a)(1) of the Trade Act of 1974, as amended (the
"1974 Act") (19 U.S.C. 2466a(a)(1)), as added by section 111(a) of the
African Growth and Opportunity Act (title I of Public Law 106-200)
(AGOA), authorizes the President to designate a country listed in
section 107 of the AGOA (19 U.S.C. 3706) as a "beneficiary sub-Saharan
African country" if the President determines that the country meets the
eligibility requirements set forth in section 104 of the AGOA (19
U.S.C. 3703), as well as the eligibility criteria set forth in section
502 of the 1974 Act (19 U.S.C. 2462).

2. Section 104 of the AGOA authorizes the President to designate a
country listed in section 107 of the AGOA as an "eligible sub-Saharan
African country" if the President determines that the country meets
certain eligibility requirements.

4. Pursuant to section 104 of the AGOA and section 506A(a)(1) of
the 1974 Act, I have determined that the Republic of The Gambia (The
Gambia) meets the eligibility requirements set forth or referenced
therein, and I have decided to designate The Gambia as an eligible
sub-Saharan African country and as a beneficiary sub-Saharan African
country.

5. Pursuant to section 104 of the AGOA, I have determined that the
Democratic Republic of Congo (DROC) meets the eligibility criteria set
forth therein, and I have decided to designate DROC as an eligible
sub-Saharan African country.

6. I have further decided to authorize the United States Trade
Representative (USTR) to exercise the authority provided to the
President under section 506A(a)(1) of the 1974 Act with respect to
DROC. The USTR shall announce any such exercise of authority in a
notice published in the Federal Register.

7. The Gambia satisfies the criterion for treatment as a "lesser
developed beneficiary sub-Saharan African country" under section
112(b)(3)(B) of the AGOA. DROC, if it is designated as a beneficiary
sub-Saharan African country, would also satisfy the criterion for
treatment as a "lesser developed beneficiary sub-Saharan African
country" under section 112(b)(3)(B) of the AGOA.

8. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the
President to embody in the Harmonized Tariff Schedule of the United
States (HTS) the substance of the relevant provisions of that Act, and
of other acts affecting import treatment, and actions thereunder,
including the removal, modification, continuance, or imposition of any
rate of duty or other import restriction.

9. With respect to any designation of DROC as a beneficiary
sub-Saharan African country, I have decided to authorize the USTR to
exercise the authority provided to the President under section 604 of
the 1974 Act to embody modifications and technical or conforming
changes in the HTS.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States
of America, acting under the authority vested in me by the Constitution
and the laws of the United States of America, including sections 506A
and 604 of the 1974 Act and section 104 of the AGOA, do proclaim that:

(1) The Gambia is designated as an eligible sub-Saharan African
country and as a beneficiary sub-Saharan African country.

(2) In order to reflect this designation in the HTS, general note
16(a) to the HTS is modified by inserting in alphabetical sequence in
the list of beneficiary sub-Saharan African countries "Republic of The
Gambia."

(3) DROC is designated as an eligible sub-Saharan African
country.

(4) The USTR is authorized to exercise the authority provided to
the President under section 506A(a)(1) of the 1974 Act with respect to
DROC. The USTR shall announce any such exercise of authority in a
notice published in the Federal Register. To implement any designation
of DROC as a beneficiary sub-Saharan African country, the USTR is
authorized to exercise the authority provided to the President under
section 604 of the 1974 Act to embody modifications and technical or
conforming changes in the HTS.

(5) For purposes of section 112(b)(3)(B) of the AGOA, The Gambia
is a lesser developed beneficiary sub-Saharan African country. If it
is designated as a beneficiary sub-Saharan African country, DROC would
also be a lesser developed bene-ficiary sub-Saharan African country for
purposes of section 112(b)(3)(B) of the AGOA.

(6) Any provisions of previous proclamations and Executive Orders
that are inconsistent with this proclamation are superseded to the
extent of such inconsistency.

(7) The modification to the HTS made by this proclamation shall be
effective with respect to articles entered, or withdrawn from warehouse
for consumption, on or after the date of publica-tion of this
proclamation in the Federal Register.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth
day of March, in the year of our Lord two thousand three, and of the
Independence of the United States of America the two hundred and
twenty-seventh.